A LAST-MINUTE attempt to stop planning approval for a new home in Barnard Castle by producing a restrictive covenant on the land has failed.
Objectors to an application to build a five-bedroomed house on a plot behind Bede Road caught Durham County Council’s south west planning committee by surprise when they tried to submit three documents during a meeting at County Hall on Thursday, January 24.
Martin Maughan, who has lived along Bede Road for 19 years, was objecting to the proposal when he told the committee he had received the documents from Land Registry just the day before.
He said: “I believe a restrictive covenant exists on the land.
“They say no house shall be erected higher than 12ft to the eaves of the roof or ordinary pitch. This application is for a large detached house well over 12ft in height.”
However, following legal advice, committee chairman Cllr John Clare said the covenant was not of material planning concern and any decision would be based solely on whether the house was in line with planning regulations.
Mr Maughan also argued that the plot is not a brownfield site, the house is not appropriate in a conservation area, and the two access lanes are dangerous.
He said: “Either way it is difficult to turn onto the street. Regardless of what Highways say, they do accept that each lane end has a narrow width and restricted visibility. We would say that makes it unsafe.”
However, the meeting heard that vehicles are already accessing the site, which is being used as a builder’s yard, and the construction of only one home would not significantly increase traffic.
County councillor James Rowlandson, who represents Barnard Castle East, also argued against the plans.
The applicant, David Harper, said the proposal was put forward after extensive talks with planners, highways officers and a county conservation officer.
He said: “The conservation chap felt this was the right building to put in there and we went along with that and we agreed with that. No matter what happens, that [site] will not be an allotment anymore. We are just trying to do the best we can with it.
“The one thing is to assure the residents, whatever happens today, if this go through, they all know the sort of work we do and they see the sites we do and they can be assured there will be no problems on site with traffic or deliveries.
“They know themselves this will be left immaculate – this site and the surrounding lane.”
He added that he had not been aware of the restrictive covenant but would look into it. Legal advice on the request of Cllr George Richardson suggested that the council would have no grounds to fight an appeal if permission for the home was denied.
The proposal was approved by 12 votes to one, with only Cllr Richardson, who also represents Barnard Castle, voting against it.
